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hello, everyone. i'm ashleigh banfield. we are watching two developing stories right now. breaking news, first walmart has just decided to join in on those white house meetings with joe biden. white house meetings on gun control that they previously said they were too scheduled to be a part of. a change of tune there. and then also on your right-hand side of the screen, a ferry crash. it happened at a dock this morning in lower manhattan, and at least 50 people at this point are reported hurt. we've got another deadline looming as well in our nation's capital. this one having nothing to do with deficits or budgets or cliff. after newtown, president obama asked vice president biden to come up with concrete steps to curb gun violence and said, quote, no later than january.

so right now in the eisenhower executive office building, which is right next door to the white house, joe biden is sitting down with gun violence victims and gun safety groups. and our dan lothian is watching all of this closely. this all seems to be unfolding fairly quickly, certainly by washington standards. so do we know at this point where the joe biden group is heading in terms of policy, or is it an open book? >> reporter: well, you know, to some extent, it is an open book. and you are correct in that this is moving very quickly, and the president had pointed out early on that when he formed this group and had the vice president lead it, that he wanted to get some policy proposals by the end of this month. so that's the reason that you're seeing this move very quickly. but some of the things that the white house has been talking about are universal background checks. that's something that they believe that congress could really push forward, reinstating the ban on assault weapons, and then finally, limiting high-capacity magazines.

these are things, they say, that can start getting into place as they seek these other options. and that's what these meetings are all about, sitting down with all of the stakeholders, with those who have been impacted by gun violence, and those who own guns to come up with some ideas that can prevent further gun violence. >> dan, obviously a lot of the buzz wasn't so much about today's meeting, as important as it is with the gun violence victims and the gun safety groups, but instead with the nra and then the overture to walmart, which is the world's largest retailer, and by in accounts one of the largest sellers of guns and ammunition, this is warp speed in terms of movement. the nra said it was going to send someone to learn. >> reporter: a rep. >> and walmart said they were busy and they changed that. characterize what's going on. >> reporter: that's right. it's kind of interesting what happened with walmart. essentially, they had pointed out that they had already had a meeting at the white house with

the vice president and his group this week. and i checked with the white house, and they confirmed that, in fact, they had a phone meeting with them. so some sort of a phone conference call. but no face-to-face meeting. and what walmart was explaining is that the point people that they have who would be attending a meeting like this were busy at a meeting in arkansas, and that's why they could not make it. but it was certainly a pr problem for them. a lot of raised eyebrows that they would not be sending one here. and then they did that reversial, saying that, you know, it wasn't a diss, in their words, of the white house, it wasn't a, quote, slight, but that they had a conflict in the scheduling. well, they reversed and are now sending someone to that meeting that will be taking place here at the white house. >> and then what about the president in all of this? it seemed by the very quickly made plans after the massacre in newtown, the president had sfac dispatched the vice president to collect this information, come up with proposals, but does the president have a kit of proposals on his own, and might

he tip his hand during the state of the union? >> reporter: well, he just might. i mean, remember, look back at that press conference that the president had back in mid-december after the shootings. and he said that he wanted those policy proposals, and he would bring forth those proposals during his state of the union. and so that is something that the president just might do. jay carney was asked about that yesterday during the briefing, and he said that he did not want to get ahead of what the president might say during the state of the union or during any other address that he might make. but this is certainly something that the president has pointed out that's very important. he wants to move on very quickly, and he's trying to get as much input as possible. and then you have the nra and other groups who are saying, wait a minute. step back a bit. take a look at the entire picture, not just on gun control, but take a look at mental illness. take a look at these violent video games as well. you've heard them talk about getting armed guards at all of the schools as well to protect the children. so there is this conflict, those

who are saying we need to have tougher gun laws and others who are saying tie ing take a look more comprehensive view of this in order to find solutions. >> i'm glad you mentioned armed guards. that was arpaio who will be a g in just moments. >> reporter: great segue. >> keep your eye on developments. that is fascinating what's happening and how quickly it's happening. we also have other breaking news. i'm going to segue to new york city with our live pictures. check out the front of that ferry. that damage caused a whole lot more damage to people inside. about 50 people were hurt when that ferry crashed down near wall street. one person actually critically injured. apparently this was a very busy pier in lower manhattan. and our alison kosik rushed right to the scene. she's getting a handle on all of this. alison, i know this started to unfold about 9:00 this morning. that's a peak commute time.

so what's the very latest? what were you able to find? >> reporter: just to let everybody know who doesn't live in new york, there are lots of way people commute into the city. some people drive, some people take the train, and some people take the ferry. this is a regular commute for a lot of people, especially in new jersey. this is called the "c" street ferry. this particular boat is out of high lanla highlands, new jersey, that provides high-speed service. it can go up to 44 miles per hour. this was expected to ashe here arrive around 8:45. around that time, one passenger told me that is when she remembers flying through the air and waking up to a woman shaking her, hoping that she was okay. we spoke to many passengers. many people saying a very similar story, that this boat suddenly just hit. listen to some of what they had to say. >> it was a sudden crash. everybody who was standing fell forward. and people were in their seats got thrown forward. >> basically, it was, you know,

60 to 0. so i don't know how fast we were going, but, you know, what happens when people come into the dock, usually the boat slows down a little bit, people get up to get off the boat, and that was what the problem was. when we hit the dock, everybody went flying. so that's why we had so many injuries. you know, people got thrown downstairs, and that's where most people got hurt. >> i was actually sleeping. all of a sudden we just hit, boom. and people were catapulting forward. >> i was standing up, and i went backwards and hit chairs. and then people landed on top of me. it was normal approach. >> reporter: but then what happened? >> just a sudden crash. >> reporter: and you know, something, ashleigh, that a lot of commuters wind up doing -- and i see this when i ride the train and on the ferry -- when you know you're getting close to your destination to get off and get to work, a lot of people

stand up. but in this case, one passenger told me a lot of people were standing on the staircase there. this is a two-level ferry. and when that boat hit, everybody went tumbling down. now, the ntsb is sending a team to investigate. we hope to get more details. ashleigh? >> and obviously, this is probably way too early, but is there talk down at that location about this being a mechanical error or human error at this point? >> reporter: of course, those are all the questions everybody's asking. you know, these passengers did tell us, though, the captain came out right away and tried to help. certainly the captain will be interviewed. we'll find out what he has to say. >> and then what about just the response? i was watching earlier. i have to admit, i was horrified when i saw helicopter pictures putting blankets over people because it appeared at one point as though there were fatalities, but these were people who were just being blanketed for warmth. we've got to be very cautious to let you know those pictures show people who are injured and not

killed. >> reporter: right. right. so far we have heard no one was killed in this accident. we are not hearing that as of yet. it is a chilly day here today in new york. so that could be the reason why you're seeing the blankets. one passenger told me he saw one man having cpr performed on him with a head gash. so he may have been the worst case. but, you know, each person was different. one of the women i talked with, she walked off and was going to go see a doctor on her own, even though she was knocked unconscious for a bit. >> you can see there are so many first responders who are on the scene and got there obviously very quickly down here the wall street location. alison kosik, keep us updated. sure appreciate that. and we're going to give you the updates when alison gets them and as we get them from the ntsb if they have them. bright students are getting lost in the shuffle. and administration's work gets more complex every year.

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with kaopectate. welcome back. breaking news for you. this is cabinet week, or at least the big shuffle week anyway. we've got news to report on yet another shuffle. dan lothian, gee, no rest for the weary. i just wrapped you up at the white house, so i'm glad you're still available. what's the news that's being broken here at cnn? >> reporter: that's right. the treasury department, as you know, timothy geithner, has said that he would be leaving around inauguration time. now my colleague, gloria borger, saying that president obama will be nominating jack lew as treasury secretary and that that announcement is expected sometime this week. this had been widely expected, jack lew, who has worked in a couple of administrations as the budget chief. he also worked on wall street. we've done some reporting on concerns about his experience

not only from those on wall street but also some progressive groups. nonetheless, the president expected to nominate someone who he has talked about as a trusted confidante, someone who has worked very hard in trying to right the ailing economy. according to this source, the president expected to nominate him to be the next treasury secretary, and that announcement expected sometime this week. >> all right. well, thank you for that, dan. and nice quick work, i might add as well. and by the way, for our audience who might not know a lot about jack lew, the white house chief of staff, there is actually a very extensive background on this man. he has been the leading contender. without further ado, have a listen to all of the things this man has done. >> reporter: jack lew is a key washington insider, but to people outside the beltway, he's somewhat of an unknown. the white house chief of staff poised to run the treasury department whose track record has garnered in the president's own words, complete trust.

>> he has helped strengthen our economy and streamline the government at a time when we need to do everything we can to keep our recovery going. >> reporter: but lew's past, now under an intense microscope, is being scrutinized from wall street to main street. >> i think more than anything, wall street will likely view this as a doubling down of the current economic and fiscal policies from the obama administration. >> reporter: an extension of the administration's get tough on wall street approach that's left the president trying to mend relationships with ceos. that criticism is seemingly at odds with this entry in lew's resume. 2006 to 2009, chief operating officer at citigroup where bets were made against the housing market. >> we're concerned that jack lew's connection to wall street has harmed his vision for what makes america strong, and that is a strong main street. and while his record is thin,

his public record about what's necessary is not -- is not exhaustive. >> reporter: sharp questions being raised once again over testimony lew delivered in his 2010 senate confirmation hearing for white house budget chief where he appeared to downplay the impact of deregulation on the financial crisis. >> but i don't believe that deregulation was the -- you know, proximate cause. >> reporter: and carefully framed his knowledge of the issue, raising eyebrows once again. >> senator, when we discussed, i mentioned i don't consider myself an expert in some of these aspects of the financial industry. my experience in the financial industry has been as a manager, not as an investment adviser. >> this disavowal of deregulation is what causes us very serious concerns for the possibility that he will be the chief financial architect and steward of america. >> reporter: but lew's

supporters point to his extensive experience working in two administrations, helping to cut the 1997 balanced budget deal and social security legislation in 1983. he's described as a tough negotiator capable of tackling the so-called mini-cliffs ahead and winning praise from one of the administration's biggest critics. >> jack lew is very smart, and i think that he understands a very great deal about government and about the financial markets. i think it's a sound nomination. >> reporter: a nomination, he says, that's likely to get through the senate. dan lothian, cnn, washington. and washington is a busy place. we started this program telling you about the breaking news of joe biden, the vice president, convening a number of different groups this week to talk about gun control. but in arizona, a controversial sheriff, the sheriff of maricopa county, has his own plan to deal with gun control, particularly to prevent school shootings. today sheriff joe arpaio is

deploying a volunteer armed set of posses to patrol and protect area schools. and sheriff joe is kind enough to join us now live from phoenix. thanks so much for being my guest. i do appreciate it. >> thank you. >> i know you're taking it on the chin, a lot of critics saying, are you kidding me? whoa! more guns! lord! aren't we going beyond that? i don't want to get into the specifics of the second amendment with you because that's what everyone's talking about, but i do want to ask you if you think these people are safe? >> if the posse is safe -- >> yeah. >> of course, they are. they're well trained. >> the backgrounds of the posse. >> they're well trained, 100 hours training in guns. we proved our record. we just finished patrolling the malls again. 19 years we've been doing it, protecting the public. everybody seems to like that program. so why not transition into patrolling the school areas? >> well, perhaps because some of

the critics say a lot of the members of this volunteer posse, not with stranding the training you've just outlined, some of them with criminal backgrounds. i think that makes a lot of people nervous. >> wait a minute, 2 out of 10,000? we have people in law enforcement, including my agency, to have problems. that's just a copout. that's ridiculous. they don't really understand what they're talking about. this posse is well trained. they're covered liabilitywise. they have the authority to enforce the law once i mobilize them. and that's what we're going to do. we don't just talk. we're out there right away. there's a lot of talk going on on task force and everything else. we don't talk. we do it. and that's what we started on monday. >> well, can i ask you this? what exactly are they being trained to look for? because in so many of the incidents -- not all -- but in so many of the incidents, suspected gunmen have actually appeared as students, and many times they have been students

themselves who exact their vengeance once inside the schools. and these posses are not going inside the schools. >> they're not going in unless a serious situation occurs. this is a deterrence. i want everyone to know if you're going on school grounds or in the school, you've got a problem with our sheriff's posse people out front to take action or to keep people from going on the school grounds. this is a prevention program. >> well, and i respect that notion, and i think a lot of people agree with you. the only contention i would put to you, sir, is that eric harris and dylan klebold knew that there were armed men inside columbine high school. that did not deter them one bit. and my lord, i'm just looking at the statistic here, i think there were 12 students and teachers shot and themselves as well. i could name so many different instances where there were armed people present, perhaps the most significant, ft. hood.

you don't get more armed than ft. hood. and yet the number of deaths in ft. hood, 13 people killed there. so i'm just not clear that i understand the notion that having an armed posse will stop mad men from being able to empty chambers of dozens and dozens of bullets before even anybody can get there to help. >> well, you know, you can go into all the different scenarios. i can do that, too. we don't have the time. but the fact is we're going to try to stop any of these bad guys from getting into the school, not when they're already in there. so that's just eyes and ears of deterrence. let everybody know that we are out there, especially the bad guys, and we'll take whatever action we deem necessary. >> sheriff joe, what do you think about what the president and the vice president are up to today, starting a series of meetings with groups and leaders and people across this country to try to come to terms with the

problem of gun deaths and violence in this country? what's your opinion? what do you think's going to happen? >> well, it's good that they're talking about it. i spent 30 years with the federal government as a top federal law enforcement official. you know, you hear talk, talk, talk. all the politicians are talking now as to what happened in connecticut. but let's stop talking and let's get something done about it. >> does that mean that you're appreciative -- i mean, listen, nothing gets done before you talk about it first. so are you appreciative of these meetings? do you think the president and the vice president are doing the right thing? >> well, yeah, they want to talk about it. they've been talking about immigration for all these years. let's hope that something is finally done. i'm all for it. but, you know, i'm not talking about it. we're doing it. you don't want to keep talking, all these task force and wait two years to do something about it. >> all right. sheriff joe arpaio, thanks for taking time to speak with me. i appreciate it. >> thank you.

>> and i should also mention to our viewers that the sheriff is going to hold a news conference a bit later on today. it's 4:00 eastern time. plans to roll out his plan and how he's going to negotiate these posses and what their behavior will be in arizona. back after this quick break. 1942. [ all ] fort benning, georgia, in 1999. [ male announcer ] usaa auto insurance is often handed down from generation to generation because it offers a superior level of protection and because usaa's commitment to serve the military, veterans, and their families is without equal. begin your legacy. get an auto-insurance quote. usaa. we know what it means to serve.

'tis the hour for breaking news, it turns out. we have another breaking story to bring to you. and that is involving the secretary of state, hillary clinton. it's been a month, in fact, more than a month since we have heard from her because of that blood clot that she suffered after an injury, a fainting injury and an illness, and she was hospitalized. and now she's back at work, and guess what? we can actually see her back at work. she's at a flag ceremony with the u.s. ambassador to ireland whose name is dan rooney.

and i believe they might actually not only just be taking pictures but talking. let's listen in, if we can. these are pictures that have come to us. let's listen. >> i really missed you all. i wouldn't be saying that -- i know, i wouldn't say that under normal circumstances. >> as you know, ambassador rooney knows a thing or two about contact sports. >> yes. that's why i now have a helmet, as you saw. >> i'm sure he wishes it was a steelers helmet. how does it feel to be back? are you frustrated to be cooperated up? >> no, you know, matt, i am thrilled to be back. i am also incredibly grateful to this fabulous team that i have here at the state department who never miss a beat for the time that i was away. and we are focused on continuing our work, finishing up everything that we can and helping senator kerry with his transition. >> so things -- you're ready -- you're back in the swing of things? >> i am back -- >> even though it's closing down

your operation? >> yeah. it's obviously somewhat bittersweet because i've had the most extraordinary experience, and i've worked with just an amazing team of people. but i'm very much looking forward to doing everything we can these last few weeks to resolve and finish up wherever possible and then to have a very smooth, seamless transition to senator kerry to continue work. >> and then retire? >> i don't know if that's the word i would use, but certainly stepping off the very fast track for a little while. >> thank you. >> thanks, pat. great to see you. >> great to see you. >> thank you all. >> it's very nice to see -- it's great to see that she's looking healthy and feeling healthy. i think there were a lot of people's thoughts who were with the secretary of state. just to recap, thrilled to be back, talking about the helmet she got as a christmas present

because she had fallen and hit her head, also saying she's focused on finishing her role and passing the baton to senator john kerry who is officially going to be the nominee and undergoing senate confirmation hearings before any kind of final decision can be made. so good to see hillary clinton. so this can be something that's sort of embarrassing, and you might even hide this from your friends and family. but don't worry because if you do have a low credit score, all hope is not lost. christine romans is here. we promised this on monday. >> yes, we did. >> because 2013, 'tis the season, or 'tis the year to improve your credit score because lord, you've got to take advantage of these incredible interest rates, if you can. how does one do this? how does one actually go about improving? >> i always say this about your credit score. boring is better. and you hear about people who pay this money for credit monitoring or to get their credit score alerts and who do all of these fancy things to try to run up their debt and then pay it down quickly. boring is better. and you know, fico studied high

achooeieve achievers, people with 785 and higher credit scores, they found a lot of similarities, boring similarities among those people. >> i like the idea of being boring, but sometimes i wonder if boring is enough because if you're trying to speed the process along and get that loan, don't you have to be sort of aggressive? >> no. let's talk about it looks like. you keep your balances low and time is important. keep your balances low. don't max out credit cards. that's really a bad idea. make consistent on-time payments. the ideal borrower has four loans and/or credit cards. keeps a low balance on some of them, pays them on time every time. i'm going to say this. the quickest, most sure way to have a high credit score is to pay your bills on time every time and be absolutely boring and predictable in that. that's what the credit score is, right? it's a score that tells the banks how likely you are to pay your bills on time every time. >> so i'm going to harp away on

this, honestly, because i still don't understand how you can do this in a timely fashion because if boring is better, you would think it's going to take you a certain number of payments in order to become that perfect -- >> right. >> hold one second. i'm just hearing about joe biden. let's go live to some of joe biden's comments. >> well, let me start on behalf of the attorney general and the president and i thanking you for taking the time today. this is important work. we've got a lot of work to be done. and i know that several of you around the table have lost loved ones or have been the victims of gun violence yourself. it's been almost four weeks now since the tragedy in newtown, connecticut. and i've been doing this a long time. i can't think of all the tragic events we've endured, i don't think anything has touched the heart of the american people so profoundly as seeing those young

children not only being shot but riddled with bullets. every once in a while, there's something that awakens the conscience of the country. and that tragic event did it in a way like nothing i've seen in my career. so we're here today to deal with a problem that requires immediate action, urgent action. and the president and i are determined to take action. this is not an exercise in a photo opportunity or just here to ask you all what your opinions are. we are vitally interested in what you have to say. and as the president said, if our actions result in only saving one life, they're worth taking, but i'm convinced we can affect the well-being of millions of americans and take thousands of people out of

harm's way if we act responsibly. and today i want to hear about your experiences firsthand. i have taken the time -- i go back, having authored the brady law and jim brady and the bradys are friends of mine for a long time. he used to be my colleague bill ross's secretary, worked in delaware. so i've been chairman of the judiciary committee for a long, long time. i've been working in a area for a long, long time. i want you to know that we are meeting with a number of advocacy groups. and we've reached out beyond the issue of just gun safety. we've reached out to the mental health community. we've reached out to doctors and nurses. we've reached out to the

religious community, and i'm heartened by the incredible response we've received from southern baptist conference, the catholic conscious of bishops, evangelical groups. i've not seen, again, anything quite like that occurring before. and we didn't even have to reach out. they reached out to us and said, we want to participate because this is a moral issue as well. so you're going to read and hear that i'll be conducting meetings today and tomorrow and friday and beyond. and i want to make it clear that we are not going to get caught up in the notion unless we can do everything, we're going to do nothing. it's critically important we act. and there's certain things i know a great deal about almost all of your organizations. i've read what you have published and spoken to. and there is a pretty wide consensus on three or four or

five things in the gun safety area that could and should be done around this table. you should know that tomorrow i've also invited the gun owners and the nra to come and make their case as well before us. i want it clear to the american public that on behalf of the president, we'll be reaching out to all parties on whatever side of this debate you fall. the president is going to act. executive order, executive action that can be taken, we haven't decided what that is yet, but we're compiling it all with the help of the attorney general and all the rest of the cabinet members as well as legislative action, we believe, is required. so i appreciate you very much being here. and with that, what i'd like to do is thank the press for coming on in. and maybe we can get to work,

okay? thank you. they'll be able to tell you that. okay. thank you. >> so the vice president sitting alongside the attorney general, eric holder, with those comments about this series of meetings that he's holding to try to assess the mood and the thoughts in terms of any kind of policy that the federal government comes up with. in particular, saying that the president is going to act, that executive action can be taken. i think that's very significant. so we will watch to see as these meetings continue to unfold. one of those meetings, very important, the request for walmart to send representatives to be a part of these meetings. and the response from walmart originally was, we're busy. truly, we're busy. this is one of the world's -- if not the world's largest retailer. in fact, the person who knows most about this happens to be the person that i just interrupted. christine romans, as we were talking about credit scores, i want to, if i can, switch your focus to what the vice president

was just talking about, and particularly walmart because man, did that change. and you broke that. >> walmart originally said they were busy, they had a scheduling problem, but they had a phone conversation with the vice president's staff. then after our reporting how people were questioning that. wait, all the other groups had phone meetings this week, but they're showing up this person. the vice president said this is not a photo op, this is a real conversation among stakeholders. walmart is the largest retailer in the world, likely the largest retailer of guns and ammunition. walmart tells us it's had a voice in the gun safety debate for a very long time. now walmart changing its calendar and will be attending. walmart originally said their monthly meetings in bentenville, executives wouldn't be able to go. they will send an appropriate person now. a change there. >> that's about the fifth breaking story i've had. for anyone who wanted an answer to your credit score and how quickly you can repair it, will you tweet that? >> i will.

@christinerom @christineromans. >> the information on how you can speed the process and do the best you can to fix your credit score. we will deliver it, just in print. print. got to take a break. you know,that could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph, like needing to go frequently or urgently. tell your doctor about all your medical conditions and medications, and ask if your heart is healthy enough for sexual activity. do not take cialis if you take nitrates for chest pain, as this may cause an unsafe drop in blood pressure. do not drink alcohol in excess with cialis. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or if you have any allergic reactions such as rash, hives, swelling of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right away.

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♪ we're lucky, it's not every day you find a companion as loyal as a subaru. love. it's what makes a subaru, a subaru. we're keeping a very close eye on the situation in lower manhattan, specifically at this location. that is manhattan's pier number 11. it's also a place where at least 50 people had to be attended to for injuries. one of them critical condition at this point. all this after a ferry that they were on crashed into the pier right during the peak commuting time just before 9:00 this morning. and right there the evidence of that crash on the seastreak wall street ferry, a gash in the front of that vessel.

the witnesses reported to cnn that several passengers had been waiting at the top of the a staircase as that ferry got near to the dock, and then when the impact was made, a lot of those people were sent flying off their feet, all the way down the staircases. and that could have caused some of the more serious injuries. but it's not clear at this stage why. why this ferry crashed in the manner that it did. the ntsb is on site. and if this sounds at all familiar, you might remember back in october of 2003, the staten island ferry missed its dock and hit a maintenance pier, in fact, and 11 people were killed. 70 people were injured in that ferry accident in new york as well. so we're going to keep an eye on that. and we've got another story for you, a head scratcher, honestly. in california, a convicted rapist got his sentence overturned all because of a law that was written just a few years after the civil war, a law that had been on the books since 1872, and a law that protects

rapists who impersonate the boyfriends of unmarried women. apparently back then, it was really only considered an offense if the rapist impersonated a married woman's husband. the single ladies were just out of luck. so here we are 2013, why do you suppose a law like that would still be on the books today? it seems insane, right? the simple answer is overcrowding in the jails. more complicated, however, how to clean up this disastrous mess. here's cnn's kyung lah. >> reporter: what happened on the streets sounded like rape to police. julio morales slips into the bedroom of an 18-year-old woman. in a handwritten note, she writes, she started to confuse me with her boyfriend. the woman at first consents but then resists when she realizes he's not her boyfriend. she tells police morales raped her. but according to a california law dating back to 1872, what happened is not a crime. an appellate decision

overturning morales' conviction spells out why. has the man committed rape? because of historical anomalies in the law and the statutory definition of rape, the answer is no, even though, if the woman had been married and the man had impersonated her husband, the answer would be question. >> my first reaction was, you've got to be kidding. we're now prosecuting rape based on 140-year-old laws that long ago stopped making sense. >> reporter: the case may shock advocates but not this assemblyman. he already had heard about the old 1872 law from an upset prosecutor in his district. so in 2011, he introduced a bill in california's assembly that would protect all women, whether married or single against rape by impersonation. what did you expect would happen to the bill? >> i thought, we'll go through this. as i said, no-brainer. everybody will support it wholeheartedly. there was no question about it. >> reporter: he was right, sort of. the bill passed without a single no vote in the state assembly.

but then it moved on to the senate side to the senate public safety committee. the seven members never took it to a vote. why? a policy adopted in 2007 by the senate's democratic leadership. it's called roca, or the receivership over crowding crisis aggravation policy. this committee will not vote on public safety bills that could put more prisoners in california's already crowded prisons, even something as seemingly simple as his bill. what does it say to you about policies, about sacramento, about lawmakers when a no-brainer bill can't get out of committee? >> unfortunately, red tape and bureaucracy exists, and sometimes that overwrites something that makes such sense. >> reporter: critics believe the senate public safety committee misuses rocca. members could have voted on this issue but chose not to. but according to a spokeswoman, the committee's republican vice chairman, senator joel anderson,

wants to get rid of rocca so that all bills get voted on. >> there might have been in the past -- there might have been a good excuse for the rocca file in the past, but it was abused. it's basically now being used as political cover. so that members of the committee don't have to take tough votes. >> reporter: we went to the office of the committee chairwoman, democrat lonnie hancock. hi there. who took time to try to explain that it's not as simple as it looks. it looks like the legislature, the committee, just chose not to act to protect women. is that what's happening here? >> no. we are walking that tightrope between a federal court order to reduce our prison population by tens of thousands of prisoners and a mandate not to build new prisons either because we can't afford it. >> reporter: assemblyman just this week reintroduced a new version of bill hoping that now

because of public outrage, it will actually get voted on this time. >> we're not able to put that woman's right in this 21st century. it's like what's next? >> reporter: kyung lah, cnn, sacramento, california. >> pretty amazing stuff, right? so clearly more discussion needed. and we're going to have it. a bizarre law, daryn going to address this with me right after the break. you tell me what other things are out there. >> guilty. >> right after this. humans -- we are beautifully imperfect creatures living in an imperfect world. that's why liberty mutual insurance has your back with great ideas like our optional better car replacement. if your car is totaled, we give you the money to buy one a model year newer. call... and ask one of our insurance experts about it today. hello?!

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an 1872 law that was

possibly penned with a quill and is still on the books is causing a really big mess in california. it actually protects rapists who impersonate the boyfriends of unmarried women. not the same, though, for the married women if you're impersonating the husband. it's very weird. but trial attorney and host of investigations discoveries deadly sins, darren is here with me. this one is one where first you can't believe the law is still on the books. >> right? >> then you can't believe that they can invoke it. but if a law is on the books, you can invoke it. why would it still be on the books? >> well, there's a lot of crazy laws on the books, when you look around the country. for example, in ohio, in cleveland, women are still not allowed to wear patent leather shoes in some -- i know, crazy -- >> guilty as charged. what would exactly be the reason for that? >> well, because they don't want an unintentional peep show, according to the legislature. in certain places in the south, for example, you cannot change a store mannequin in the window during daytime hours because

that may be too titillating as well. >> i get it maybe in a bygone era that made sense, but today is it onerous on the governments to change these laws? isn't it just the stroke of a pen to make sure that you don't have this disaster in california? >> it's either up to the legislature or these cases arise in the setting of a courtroom which is what happened in california. and as much as this may be the outrage of the week because people are really incensed that here we have this rape case and there's a technicality that applies, really this court decision was about statutory construction as much as it was about rape. it was about how an unconscious person is defined. and in this particular case, the law allowed a definition two different ways, either somebody would be asleep or -- >> by fraud. >> -- by trick or by fraud. >> this guy is going to be retried. that's one of the issues. if they pass a new law, is it guaranteed the new law will apply in the retrial? is it retroactive?

>> it's not guaranteed. generally guaranteed. generally speaking laws are not retroactively applied. >> we don't know in this case. >> this would be the third trial. the first time this guy was tried it was a hung jury. this case was actually the retrial. >> it is a very odd circumstance. that is for sure. great to see you. we are back right after the break. [ rosa ] i'm rosa and i quit smoking with chantix.

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as some can be life-threatening. if you have a history of heart or blood vessel problems, tell your doctor if you have new or worse symptoms. get medical help right away if you have symptoms of a heart attack. use caution when driving or operating machinery. common side effects include nausea, trouble sleeping and unusual dreams. it helps to have people around you... they say, you're much bigger than this. and you are. [ male announcer ] ask your doctor if chantix is right for you. barry bonds, roger clemens, sami soca on the ballot for the hall of fame. all three accused of using

steroids. the steroids stain probably means they won't be getting the volt into the hall of fame. joining us with his tame on this, emmy-award winning sports caster. it is great to see you. may i say your new book, greatest moments in sports. you will have to write a second part of the book to talk about this story. >> this is the first referendum and bonds and clemens will not get in when the vote comes in. the irony is they are both hall of famers even if they never touched steroids they make the hall of fame. >> and this is one of the things where it is a vote. they don't have anything in the court of law. >> the hall of fame is the only one with the morality clause. if it is up to me pete rose

belongs in the hall of fame. >> depends on what you think accomplishments are. since we are talking about morality. brent musberger made comments about the girlfriend of a.j. mckaren during the game. this seems to be so massive. >> here you have a beauty queen in the fans and the sports caster called her beautiful. i think they should shoot him. they shouldn't have apologized. >> she said she doesn't hold him to any blame. a lot of people were freaked out by it. >> he drooled over her. >> a little bit. >> sports, you know. >> i think it will make it into your hits. i love your weekly hits. if you are here in new york you need to watch. it's been a long time. >> we worked the olympics together. >> many moons ago.

the results of the baseball hall of fame voting expected at 2:00 p.m. eastern.

flu season is coming fast and furious this year. almost every state in the union is reporting wide spread cases and hospitals are starting to have serious problems. in allentown pennsylvania there is a tent sitting in the parking lot.

it is heated but they had to get the tent up to use it as a portable flu clinic. the cdc says the proportion of people seeing the doctor for flu-like symptoms jumped in the past month up from 2.6% in the month before it. thanks for watching. it is nice to have you with us. that has been the "newsroom" report today but "newsroom" international starts after this break. where is flo? anybody know where flo is? are you flo? yes. is this the thing you gave my husband? well, yeah, yes. the "name your price" tool.